Overview

The HIMIF 2008/2009 TAC D7 Determination, enacted in 2008, serves to establish the total allowable catches (TACs) for target species and catch limits for bycatch species within the Heard Island and McDonald Islands (HIMI) Fishery for the 2008/2009 fishing season. This legislation was introduced to address the need for clear, legally binding limits on fishing activities in the HIMI Fishery, ensuring the sustainable management of the region's marine resources. The determination was made under the authority of the Fisheries Management Act 1991, enacted by the Australian Parliament, and is aimed at aligning with international conservation efforts led by the Commission for the Conservation of Antarctic Marine Living Resources (CCAMLR). The policy objective of this Determination is to maintain the ecological balance of the HIMI Fishery while allowing for regulated commercial fishing activities.

Scope and Application

The HIMIF 2008/2009 TAC D7 Determination, made under the Fisheries Management Act 1991, applies to individuals and entities that hold statutory fishing rights (SFRs) for the Heard Island and McDonald Islands (HIMI) Fishery. Specifically, it governs the total allowable catches (TACs) for target species such as Patagonian toothfish and mackerel icefish, as well as the catch limits for bycatch species, for the 2008/2009 fishing season. The determination is applicable nationally as it pertains to the Commonwealth's jurisdiction over fisheries management. The Australian Fisheries Management Authority (AFMA) is the body responsible for implementing this determination, which includes consulting with relevant advisory committees like the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC). The determination does not include any specific exclusions or thresholds apart from those already established in the overarching Fisheries Management Act 1991 and the HIMI Fishery Management Plan 2002. The commencement of this determination is governed by its registration on the Federal Register of Legislative Instruments, marking its effective date.

Key Provisions

The HIMIF 2008/2009 TAC D7 Determination (subsection 17(6)(aa) of the Fisheries Management Act 1991) sets out the total allowable catches (TACs) for target species and catch limits for bycatch species within the Heard Island and McDonald Islands (HIMI) Fishery for the 2008/2009 season. This determination is made under the management plan for the fishery, which allows the Australian Fisheries Management Authority (AFMA) to manage fishing capacity for the specified period. The primary focus of this determination is on the two target species: Patagonian toothfish and mackerel icefish. The Act imposes several obligations on the parties and entities it governs. Firstly, it mandates that any person or entity seeking to fish in the HIMI Fishery must hold at least 25.5% of the total statutory fishing rights (SFRs) for the relevant species. These SFRs allow a specified quantity of Patagonian toothfish or mackerel icefish to be taken. The weight allocated to each SFR is calculated by dividing the TAC for the species in the fishing year by the total number of SFRs in force at the start of the fishing year. Additionally, the Act requires AFMA to determine the TACs and catch limits before the beginning of each fishing year, in consultation with the Sub-Antarctic Resource Assessment Group (SARAG) and the Sub-Antarctic Fisheries Management Advisory Committee (SouthMAC). Failure to comply with the provisions of the HIMIF 2008/2009 TAC D7 Determination may result in various consequences. While the document does not explicitly detail specific offences or penalties, breaches of the Fisheries Management Act 1991 can lead to civil and criminal penalties. These penalties can include fines and imprisonment, depending on the severity of the breach. For instance, knowingly or recklessly contravening a provision of the Act could lead to substantial fines, and in cases of serious breaches, imprisonment for up to two years. The exact penalties would be determined based on the specific circumstances and the applicable laws. In summary, the HIMIF 2008/2009 TAC D7 Determination sets the framework for managing the fishing activities for Patagonian toothfish and mackerel icefish within the HIMI Fishery for the 2008/2009 season. It outlines the TACs and catch limits, imposes specific obligations on fishers and AFMA, and hints at the potential consequences of non-compliance, although the exact penalties are governed by broader provisions in the Fisheries Management Act 1991.